No sign of a Cuomo probe after ethics panel's closed-door vote

Joseph Percoco, a former top aide to Governor Andrew Cuomo, center, exits federal court in New York, U.S., on Tuesday, March 13, 2018. Percoco was found guilty on Tuesday of conspiracy to commit honest services wire fraud and solicitation of bribes. Photographer: Louis Lanzano/Bloomberg

Democratic challenger Zephyr Teachout attempts to approach Gov. Andrew Cuomo during the 2014 Labor Day parade in Manhattan, only to be blocked by Joseph Percoco, who was convicted Tuesday on bribery and corruption charges. (Screenshot of video courtesy John Kenney/NYTrue.com)

Mark LennihanJoseph Percoco, a former aide to New York Gov. Andrew Cuomo, arrives at federal court for his corruption trial, Thursday, March 8, 2018, in New York. Jurors had announced on Tuesday that they were deadlocked but the judge asked them to return Thursday to deliberate in the trial of Percoco and three businessmen. (AP Photo/Mark Lennihan)

Louis LanzanoJoseph Percoco, a former top aide to Governor Andrew Cuomo, leaves federal court in New York, U.S., on Thursday, Sept. 20, 2018. Percoco was sentenced to six years in prison for fraud and accepting bribes. Photographer: Louis Lanzano/Bloomberg

ALBANY- Three weeks after New York's ethics watchdog panel voted behind closed doors whether to investigate the activities of a former top aide to Gov. Andrew M. Cuomo, there has been no indication that the commission moved forward with any inquiry.

The state Joint Commission on Public Ethics won't reveal the results of its court-ordered vote, but the fact that the Cuomo administration has not been notified strongly suggests JCOPE decided not to probe the actions of Cuomo or his government aides.

Under state law, if at least eight of the 14 JCOPE commissioners had voted to open a "substantial basis investigation," the panel was required to provide written notice to the "individual who is the subject" of the investigation.

Richard Azzopardi, a spokesman for the governor, said that JCOPE has not sent any notifications on the matter to Cuomo, his administration, or to the governor's campaign.

"No, to all of the above," Azzopardi said.

Under a court order issued in December, JCOPE was forced to vote on whether to open an investigation into complaints filed by state Republican Chairman Ed Cox and Dutchess County Executive Marc Molinaro, who was Cuomo's 2018 GOP opponent for governor.

They alleged that Joseph Percoco, the powerful former executive deputy secretary to the governor, had improperly used state resources while managing Cuomo's 2014 re-election campaign. Cox's complaint also called for investigations into Cuomo and Executive Chamber staff, including whether they "knowingly aided and abetted or acquiesced" to any illegal actions by Percoco.

As the 2018 campaign for governor unfolded, JCOPE declined to take action on the complaints filed by the Republicans, despite a law requiring a vote within 60 days of receiving a sworn complaint. The delays prompted Cox and Molinaro fo file a lawsuit. In December, state Supreme Court Justice Patrick McGrath ruled JCOPE was required to vote on whether to pursue the matter.

The wording of that JCOPE letter to McGrath suggested that JCOPE commissioners had taken a single vote. It's unclear whether the vote was about Percoco's activities or Cuomo's potential knowledge of illegality.

"The letter speaks for itself," said JCOPE spokesman Walter McClure. "We have no other comment beyond that."

It's also not clear whether Percoco's activities in 2014 might be outside the reach of commission because state law requires employees be notified of such an ethics probe within a year of leaving government service.

After rejoining the administration following the successful 2014 re-election campaign, Percoco left the state payroll again in January 2016 and has not returned. The evidence of his possible misuse of state resources emerged in his corruption trial that began early last year.

Cox said he has also not received any notification from JCOPE, including whether it has closed an investigation.

"From the outset of our complaint, JCOPE has operated in the dark, flouting the law and it appears nothing has changed," Cox said. "We will be contacting the court this week to request they compel JCOPE to provide the court with details and proof of their alleged vote. The fact remains that concrete evidence of a crime exists."

Cox said the state GOP will "pursue every legal option available to us to ensure Cuomo and JCOPE are held accountable."

The Republicans' attorneys have previously maintained that JCOPE is required to notify complainants within two weeks of an investigation closing.

JCOPE, however, maintains notification is not required at this time.

Percoco was convicted last year of accepting more than $300,000 from two development firms in exchange for government favors. He is scheduled to report to a federal prison by March 1 to begin his six year term behind bars.

Percoco's apparent campaign work in the governor's Manhattan office occurred during an eight-month period in 2014 when he was managing Cuomo's re-election effort but not working for the Executive Chamber. Those activities provided key context in the trial, but were not the basis of any of the federal charges against him.

Aides to Cuomo testified during Percoco's trial last year that during the campaign that year he often used his former desk in Cuomo's Manhattan office, where the two were only steps apart.

Records obtained by the Times Union show that on several days Percoco's former government phone was used to make campaign-related calls, and that the governor was present in the Manhattan office during those times.

Cuomo has said he was unaware that Percoco was campaigning from his office; that he believed Percoco was doing "transition work" after leaving his position as executive deputy secretary. Cuomo's administration has also said it would cooperate with any JCOPE inquiry.

Percoco's phone records show that during an eight-month period, 68 calls were made from his former state office to Cuomo's Manhattan campaign headquarters — an apparent violation of state regulations. Percoco's phone line was also used to call Cuomo's fundraisers, campaign consultants and the campaign's election lawyer. There were 837 calls over 68 days made from the taxpayer-funded phone in Percoco's former office, records showed.

JCOPE, created in 2011, has faced abundant criticism that its rules prevent the public from knowing whether or not it is pursuing an investigation. It has also been the subject of criticism for its close ties to Cuomo, who appoints a plurality of its commissioners.

Since its inception, all of JCOPE's executive directors have been former Cuomo administration attorneys. Its current top staffer, Seth Agata, was an administration counsel and campaign volunteer for Cuomo in 2014. He appeared as a witness at Percoco's trial.

In addition to filing a complaint with JCOPE, Cox also formally requested the Manhattan district attorney's office launch a criminal probe of Percoco's campaign work from his taxpayer-funded office. There is no indication that office took any action.